Administrative Law Branches of Government Legislative (Congress) - PowerPoint PPT Presentation

Administrative Law

Branches of Government  Legislative (Congress) – creates law  Judicial (Courts) – interprets law  Executive (President) – enforces law

Administrative Agencies  Organizational Chart of the U.S. Government

Agency Powers  Legislative function: Rule making  Executive function: enforcement  Judicial function: Adjudication

Agency Authority  No Agency can exist without Congressional Authority  Each Agency has an “Enabling Statute”  This legislation defines the scope of the agency’s mission and “enables” it to perform functions.  See example handout

Authority Statute 15 USC sec. 610 2 gives the Federal Trade Commission the authority to prescribe rules prohibiting deceptive telemarketing practices. • While Congress allows the FCC broad range in proscribing rules, note sec. (a)(3)(A)-(C) requires the FCC to include specific items in its rules.

16 CFR 310 .4 (1-1-20 12) Rule Making (regulations) Rule enacted by the FTC to address charge from Congress to regulate abusive telemarketing.

 Regulations are usually more specific than the authority statute.  Important to read both the regulations AND the authority statute. If an agency’s regulation exceeds the authority of the statute, that regulation is invalid.

How are rules made?  Administrative Procedures Act 5 USC 500 et seq.  Law that governs how administrative agencies may propose and establish regulations.  Applies to both executive departments and independent agencies.

Attorney General's Manual on the Adm inistrative Procedure Act (1947),  basic purposes of the APA are:  to require agencies to keep the public inform ed of their organization, procedures and rules  to provide for public participation in the rulem aking process  to establish uniform standards for the conduct of form al rulem aking and adjudication  to define the scope of judicial review

Code of Federal Regulations:  annual codification of rules published in the Federal Register.  It is divided into 50 titles that represent broad subject areas.  Updated on a staggered basis once each calendar year.  E-CFR is the unofficial compilation of CFR and Federal Register amendments.

Federal Register  Published every government business day.  Contains “proposed” rules  Calls for public comment on those proposed rules.  After receiving comments, the rule may be revised and re- published.  The cycle of notice-comment may happen many times before a final regulation is published in the Federal Register.  No regulation can become effective until the final form is published in the Federal Register  “Final Rule” notice may indicate a later effective date.